Summary judgement and dismissal are two different things.
Motion for summary judgement will only be entertained if both sides agree that there are no material facts in dispute (not true in this case). Also won’t be entertained if either side requests a jury trial (not sure about this case).
Motion to dismiss will only be entertained only for very specific reasons. They are basically all procedural or they require the judge to assume the worst case for all arguments put forward from the moving party (an extremely high bar to clear).
In both cases, a denied motion doesn’t mean much about the likelihood of success of either party.
Motion for summary judgement will only be entertained if both sides agree that there are no material facts in dispute (not true in this case). Also won’t be entertained if either side requests a jury trial (not sure about this case).
Motion to dismiss will only be entertained only for very specific reasons. They are basically all procedural or they require the judge to assume the worst case for all arguments put forward from the moving party (an extremely high bar to clear).
In both cases, a denied motion doesn’t mean much about the likelihood of success of either party.